SmithMarco Wins a Used Car Lemon Case

A Chicago family went  to
Infiniti of Orland Park
to buy a used 2005 Infiniti G35 as a
gift for their son who was about to attend college.  The
salesman told the family that the car only had one previous owner,
had only been driven locally, and had sustained no prior damage.
 Unfortunately, the family later found out that what the
salesman said was entirely fabricated. The vehicle had multiple
owners.  Worse, the vehicle had been involved in a collision
in the past where it sustained in excess of $16,000 in damage.

This family came to SmithMarco with their
problem. Through discovery and investigation, we determined that
the dealership actually sold the vehicle twice before selling it to
our client. The dealership was well aware of the accident damage
through its own service records as they had performed their own
repairs on the vehicle, and their own expert noticed the accident
damage.  The lawyers at SmithMarco proved that
the dealership engaged in illegal selling practices that included
keeping this important information from their sales people. The
sales people are not given any access to important records within
the possession of the dealership that reflect the true history of
the vehicle. Instead, the sales people are advised to rely on an
Autocheck report – a database that provides vehicle histories –
which the dealership personnel themselves acknowledged offered
incomplete information.

In court, Infiniti of Orland
tried to claim that they didn’t know about the damage to
the vehicle; when confronted with the records that they had in
their possession, they tried to argue that the salesman was a rogue
employee. Those arguments did not work. After a week long trial
ending on October 5, 2012, after deliberating for only one hour, a
jury found for the consumers and awarded $5,000 in actual damages
for the diminished value of the vehicle and $30,000 in punitive
damages.  If you, or anyone you know, questions a used car
purchase, contact our office and let the attorneys at SmithMarco
help you.